2023

Judicial Review – Whether the Claimant filed its appeal to the 2 nd Defendant out of time.

Breach of Contract - Negligence – Limitation of liability – Exclusion clauses – Special damages

Damages - Assessment of damages – Fatal Accidents Act – Law Reform
(Miscellaneous Provisions Act) – Loss of expectation – Loss of earnings – Pain
and suffering.

Damages - Assessment of damages – Fatal Accidents Act – Law Reform (Miscellaneous Provisions Act) – Loss of expectation – Loss of earnings – Pain and suffering.

Judicial Review – Section 2 of the Labour Relations and Industrial Disputes Act – What is an Industrial Dispute under the Labour Relations and Industrial Disputes Act – Whether the Minister acted Ultra Vires in referring the matter to the Industrial Disputes Tribunal

Jurisdiction - The supervisory jurisdiction of the court over its officers - Whether the jurisdiction is limited to undertakings given by attorneys-at-law - Whether it is compensatory or punitive – Whether the fixed date claim form discloses reasonable grounds for bringing the claim - Whether defendants waived their right to make the preliminary objection by filing an affidavit in answer - Whether a cause of action needed for declaratory relief - Whether undertaking given to the court merged into the final judgment

Civil Procedure – Application to set aside Default Judgment – Whether Defendant has a real prospect of successfully defending the claim – Rules 13.2, 13.3 and 13.4 of the CPR – Prompt application – Good explanation.

Civil Practice & Procedure – Application for Relief from Sanction – Whether Application Made Promptly – Whether attorney being unwell is to be considered as part of the question of the promptness of an Application for Relief from Sanction.

Civil Procedure – Application by Insurance company to set aside Order for substituted service – Was alternative service likely to have brought the contents to the Defendant’s notice – Considerations as to what constitutes reasonable steps to locate a Defendant – Overriding objectives – Prejudice

Civil Procedure - Application to set aside default judgment - Service by fax - Whether Defendant has a real prospect of successfully defending the claim - Good explanation- Risk of Prejudice- Rules 12.4, 13.2 and 13.3 of the CPR.